The Bermuda Government responded to yesterday’s police protest by expressing its frustration at the long-running dispute with the Bermuda Police Association.

It claimed that agreement had in fact been reached in August, only for the police membership to refuse to accept that settlement; Michael Dunkley, the Premier and Minister of National Security, has since referred the matter to the Permanent Police Arbitration Tribunal.

The Government said in a statement: “Government and the Bermuda Police Association have been engaged in discussions through their respective negotiating teams since January 2015 in an effort to find common ground on issues relating to the terms and conditions of employment of police officers.

“Unfortunately, informal agreement on the issues, including cost sharing of GEHI, furlough, and overtime rates, among other important matters, was not able to be reached through informal discussions.

“Government wrote to the BPA on March 31, 2015, advising that it had formally appointed negotiators under the legislation, and invited the BPA to commence negotiations.

“Government received no response to that invitation. Section 29A of the Police Act 1974 permits only the BPA to give notice to the Commissioner of Police to commence negotiations. Where notice has been given, there is a responsibility on Government to respond within 15 days, and ‘to negotiate in good faith in relation to the Association’s wish to enter into negotiations with the Government’.

“However, very unfortunately, the Association refused to give notice of intent to negotiate. Therefore, Government had to advise on June 17 that it intended to take action to amend the terms of employment without the input of the Association. Only after that time did the BPA agree to negotiate.

“After negotiations between Government and the Police Association over the summer, the parties reached and signed an agreement on August 20. Government negotiated in good faith and believed that the parties had reached an agreement that would be recommended for acceptance by the Police Executive to their members.

“Instead, the Association Executive refused to recommend the terms of the settlement to their members. The members replaced the Executive that negotiated the settlement, and the police membership voted to reject the settlement reached by their negotiating team.

“Under the statutorily mandated process, the dispute was referred to conciliation. The conciliator was unable to reach a conciliated settlement with the parties, and the conciliator reported to the minister that there was a failure to reach a settlement. Under the Police Act 1974, the minister is mandatorily required to refer the dispute to the Permanent Police Arbitration Tribunal. The referral has been made and the dispute is now before the tribunal, which is the only body that may decide the issues in dispute or to adjourn the arbitration. The Premier and Minister of National Security, Michael Dunkley, encourages the Police Executive and officers to respect the arbitration procedure required by the legislation. It should be noted that statutorily, the Premier has fulfilled his obligation and it would be highly inappropriate to interfere with the arbitration process. However there is an opportunity for both parties to agree a way forward and bring it to the attention of the arbitration tribunal chair.”